Universal Terms of Service Agreement

Effective July 15th, 2014

Thank you
for using the TierraNet website and other TierraNet services such as the Domain
Name Service, the Hosting Service, and the SSL Security Service (collectively, the
"Services"). The Services are provided by TierraNet Inc. ("TierraNet"),
located in the United States at 10650 Treena Street #305, San Diego, California 92131.

Please
read this Agreement carefully. If you do not agree with these terms, you
are prohibited from accessing or using any of the TierraNet Services.

1.
Formation and Modification of Contract

By
using the TierraNet Domain Name Search or any other Services, and/or by
clicking or otherwise indicating your electronic acceptance, you (either
personally or on behalf of another person or organization) and TierraNet have entered
into this Universal Terms of Service Agreement, which incorporates by this
reference Appendix A Acceptable Use Terms [Link],
Appendix B Payment Terms [Link], and the
following Service agreements, as applicable (collectively, this "Agreement")

Hosting Services

SSL Security Service

TierraNet
may, in its sole and absolute discretion, and from time to time, modify all or any
part of this Agreement, or any agreements which are incorporated. Modifications
will become effective immediately upon posting to this website, but will not be
applied retroactively. Your use of the Services after modifications have
been posted to this website will constitute your acceptance of this Agreement
as last modified. Do not use (or continue to use) the Services if you do
not agree to be bound by this Agreement as last modified.

TierraNet
may occasionally elect to email you advance notice of pending modifications to
this Agreement. For this and other reasons, it is important that you keep
your email and other account information accurate and up-to-date in the Control
Panel. You are solely responsible if you do not receive any notification
as a result of an incorrect email address.

2. Authority

You
may only use the Services if you can enter into legally binding contracts under
applicable law. By using the Services, you represent and warrant that you:
(1) are at least 18 years of age and (2) are otherwise recognized as
being able to form legally binding contracts under applicable law.

If
you are accepting this Agreement and using the Services on behalf of another
person or a corporation, limited liability company or other legal entity, you
represent and warrant that you are duly authorized by such entity or person to
enter into this Agreement on her, his or its behalf.

3. Account
Access

You
are responsible for maintaining the confidentiality of login and password
information. TierraNet is not liable or otherwise responsible for any
account disputes that may arise between various parties holding account login
information. TierraNet is not responsible for any changes made to your
account or any information that has been modified by you, or any parties with
authorized access to the TierraNet Control Panel.

You
are responsible for any activity that occurs through the Control Panel on the
TierraNet website with the use of your password. You are responsible for
promptly updating and maintaining contact, login, and billing information with
TierraNet. TierraNet shall not be liable for any loss or damage arising
from your failure to comply with this requirement. It is recommended that
you use unique passwords for the TierraNet Services, and that you periodically
modify these passwords.

TierraNet
may, in its sole discretion, require identification if there is a question of
authority or a dispute as to ownership or access to an account. The
purpose of this requirement is to protect you.

4. Privacy

Any
information you provide to TierraNet is subject to the TierraNet Privacy Policy
[Link], which describes how and when
TierraNet collects, uses and shares your personal information when you visit
this website or otherwise use the Services.

5. U.S.
Communications Decency Act Notice

Pursuant
to the U.S. Communications Decency Act, 47 U.S.C. Section 230(d) as amended,
TierraNet hereby notifies you that parental control protections (such as
computer hardware, software or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections is
available on the two websites GetNetWise (http://kids.getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/).
Please note that TierraNet does not endorse any of the products or services
listed at such sites.

6. No
Third-Party Beneficiaries

This
Agreement controls the relationship between you and TierraNet. It does not
create any third party rights.

7. Suspension
and/or Termination

This
Agreement will continue to apply until terminated by either you or TierraNet as
follows:

Unless
otherwise provided in this Agreement, you may terminate this Agreement at any
time and for any reason by deactivating your account and discontinuing your use
of the Services. You do not need to specifically inform TierraNet when
you stop using the Services. If you stop using the Services without
deactivating your account, your account may be deactivated by TierraNet due to
prolonged inactivity as determined at the sole discretion of TierraNet.
Unless otherwise specifically provided in this Agreement, TierraNet will not be
required to refund any amounts paid by you prior to any termination.

TierraNet
may, at its sole discretion, suspend or terminate your account or cease
providing you with all or part of the Services at any time and for any reason,
including, but not limited to: (1) any breach or violation of any Agreement connected
with the TierraNet Services; (2) the creation of risk or legal exposure for TierraNet;
(3) requests of law enforcement, including, but not limited to, subpoenas,
injunctions, and search warrants; (4) assisting with fraud and abuse detection;
(5) protecting the integrity and stability of, and correcting mistakes made by,
any domain registry; and (6) complying with any dispute resolution process.

8. Improper
Uses

TierraNet
may, at any time, suspend or terminate your account, with or without notice, if
it reasonably believes you are violating the TierraNet Acceptable Use Terms [Link].

9. Limited
Warranties and Disclaimers

TierraNet
will provide the Services using a commercially reasonable level of skill and
care.

YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, YOUR USE OF THE TIERRANET SERVICES WILL BE AT YOUR OWN RISK AND THE
SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
TIERRANET DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE
FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL SURVIVE ANY TERMINATION
OR EXPIRATION OF THIS AGREEMENT AND YOUR USE OF THE SERVICES.

SOME
STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES, SO YOU
MAY HAVE OTHER RIGHTS IN THOSE STATES AND JURISDICTIONS.

10. Limitation
of Liability

IN NO
EVENT WILL TIERRANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD
PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED AS A
RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TIERRANET
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO
EVENT WILL TIERRANET’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS OF ANY NATURE
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR THE 12-MONTH PERIOD
PRECEDING THE ACCRUAL OF YOUR CLAIM.

THE
FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR
USE OF THIS WEBSITE OR THE SERVICES.

11. Indemnification

Youagree to indemnify, defend, and hold harmless TierraNet,
its officers, directors, shareholders, employees, agents, successors and
assigns, and each of them, from any expense, liability or damage any of
them may incur, including reasonable attorneys’ fees and
costs, as a result of third party claims, suits or
proceedings of any kind or nature, arising out of or otherwise connected
with this Agreement, your website(s), domain name(s), hosting, security,
and/or other Services, except to the extent such liability or damage is caused
by the gross negligence or willful misconduct of TierraNet.
Your obligations under this paragraph will survive any
assignment, transfer, termination or expiration of this Agreement.
Youwill immediately undertake the defense of any legal
action against or involving TierraNet and you will retain
reputable, competent and experienced counsel to represent the interests of TierraNet.
Youwill notify TierraNet of the
identity of such counsel not less than 48 hours prior to retaining
them, and TierraNetwill have the right during
this period to approve or disapprove any such counsel. TierraNetwillalso have the right, at its own expense, to obtain
separate counsel and to participate in the defense, compromise or
settlement of the action. Youwill not settle or compromise
any legal action without the specific prior written consent of TierraNet,
which may be granted or withheld in TierraNet’s sole and absolute
discretion.

12. Changes
to Service

The
Services of TierraNet are always evolving and the form and nature of the
Services may change from time to time, with or without prior notice to
you. TierraNet reserves the right to change any Services offered.
This includes changes to network access and all system hardware and software.

13. HIPAA
Disclaimer

TierraNet
specifically disclaims any representation or warranty that the Services, as
offered, comply with the federal Health Insurance Portability and
Accountability Act ("HIPPA"). Customers requiring secure storage
of "protected health information" under HIPAA are expressly prohibited from
using the Services for such purposes. You agree that TierraNet is not a
Business Associate or subcontractor or agent of yours pursuant to HIPAA.

14. PCI
Compliance

TierraNet
does not warranty any of its Services for Payment Card Industry ("PCI") compliance.
PCI compliance is the customer’s responsibility. Upon request, TierraNet
may provide limited assessment, alternate service configurations and
consultation services at additional fees to assist you in achieving PCI
compliance.

15. Governing
Law

This
Agreement will be governed by California law without giving effect to its principles
of conflict of laws. Both you and TierraNet agree to submit to
jurisdiction in California. Any action brought regarding this Agreement must
be filed exclusively in federal or state court in San Diego County,
California. The prevailing party in any action will be entitled to
reasonable attorney’s fees and costs.

16. Severability

If
any provision of this Agreement is held to be unenforceable for any reason, the
remaining provisions will remain in full force and effect.

17.Titles
and Headings

The titles
and headings of this Agreement are for convenience and ease of reference only
and will not be utilized in any way to construe or interpret the Agreement of
the parties as otherwise set forth herein.

18. Survival

Any
provisions that by their nature continue to apply following any expiration or
termination of this Agreement will survive any such expiration or termination.

19. Waiver

The
failure of TierraNet to enforce any right or provision of this Agreement will
not be deemed a waiver of such right or provision or any future right or
provision.

20. Successors
and Assigns

This
Agreement will be binding upon and inure to the benefit of you and TierraNet,
and our respective heirs, successors and assigns.

21. Reserved
Rights

TierraNet
reserves the right to refuse service to anyone at its sole and absolute
discretion, and with or without cause. This includes the ability to
suspend or terminate any or all Services.

22. Relationship

You
and TierraNet are independent contractors, and no agency, partnership, joint
venture, fiduciary or employer-employee relationship is intended or created
under this Agreement, by your use of the Services, or otherwise. Neither you
nor TierraNet will have the power to obligate or bind the other.

23. Conflicts

In
the event of any irreconcilable conflicts between this Agreement and any
contract listed in Section 1 above, this Agreement will control.

24. Contact
Information

The
website and the Services are operated and provided by TierraNet, Inc., P.O. Box
502010, San Diego, California 92150. If you have any questions about this
Agreement, please Contact Us [Link].

25. Entire
Agreement

This
Universal Terms of Service Agreement, and any contract for which you use
TierraNet Services, comprise the entire agreement with respect to the subject
matter hereof and supersedes and replaces all existing or
contemporaneous agreements, whether oral, electronic or written.

Pricing
Information: Current rates for using the Services may be obtained by
going to the pricing schedule on our website or any other website operated by
TierraNet. TierraNet reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any time.

Complaints:
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1020
N. Street, #501, Sacramento, California 95814, or by telephone at
1-916-445-1254.

Appendix A to
Universal Terms of Service Agreement

Acceptable Use
Terms

Overview

TierraNet has
developed this Appendix to help you understand your responsibilities when using
the TierraNet Services. You must fully comply with the TierraNet
Acceptable Use Terms to help prevent activities that may be harmful to
TierraNet, its customers, and/or third parties.

Prohibited Uses

You may access
the TierraNet website and use the TierraNet Services only for lawful purposes.
Transmitting, distributing, or storing any material that violates any
applicable law is prohibited. You are responsible for any transmission or
other data you send, receive, post, access, or store including the content of
any communication. The following list provides a few examples of illegal
or harmful conduct that is prohibited:

Offensive
Materials: Disseminating, storing, or posting material that is unlawful,
libelous, defamatory, obscene, indecent, lewd, harassing, threatening,
discriminatory, invasive of privacy or publicity rights, abusive or
inflammatory. Without limiting the foregoing, you shall not access or use
the Services in any manner for the transmission, storage or dissemination of
child pornography.

Export
Violations: Violations of export laws, regulations and rules including,
without limitation, violations of the Export Administration Act and the Export
Administration Regulations administered by the U.S. Department of Commerce.

Falsification/Impersonation:
(1) Using the Services to impersonate any person or entity; (2) falsely stating
or otherwise misrepresenting your affiliation with any person or entity; or (3)
creating a false identity for the purpose of misleading others. Without
limiting the foregoing, you cannot use invalid or forged e-mail headers,
invalid or non-existent domain names, or other means of deceptive
identification.

Failure to
Abide by Third-Party Policies: Violating the rules, regulations, or
policies that apply to any third-party network, server, computer database, or
website that you access.

Harmful
Content: Disseminating or posting content that is harmful to the Services
or other users of the Services, including, without limitation, viruses, Trojan
horses, worms, time bombs, zombies, cancelbots, or any other computer
programming activity that may damage, interfere with, secretly intercept or
seize any system, program, data, or personal information.

Illegal
Conduct: (1) Taking any action that promotes, encourages or engages in
terrorism; (2) violating the Ryan Haight Online Pharmacy Consumer Protection
Act of 2008 or similar legislation; (3) promoting, encouraging or engaging in
the sale or distribution of drugs, controlled substances or prescription
medication without a valid prescription; (4) illegal gambling; or (5) any other
activity that TierraNet reasonably believes may violate any law, regulation or
licensing requirements.

Electronic Communications

Utilizing the
TierraNet Services, you shall not distribute, publish, or send: (1) any spam,
including any unsolicited advertisements, solicitations, commercial email
messages, informational announcements, or promotional messages of any kind; (2)
chain mail; (3) numerous copies of the same or substantially similar messages;
(4) empty messages; (5) messages that contain no substantive content; (6) very
large messages or files that disrupt a server, account, newsgroup, or chat
service; (7) any message that is categorized as "phishing"; or (8) any other
similar message or activity.

Likewise, you
shall not: (1) participate in spidering, harvesting, or any other unauthorized
collection of email addresses, screen names, or other identifiers of others or
participate in using software (including "spyware") designed to facilitate such
activity; (2) collect responses from unsolicited messages; (3) use any of the
TierraNet mail servers or another website’s mail server to relay mail without
the express permission of the account holder or the website; or (4) use any of
the TierraNet Services in any other similar manner.

Security

You shall not,
nor assist others to, circumvent, breach, disable, or otherwise interfere with
this website, the TierraNet Services, or any security-related features.

No Resale Rights

Unless
contractually agreed to by TierraNet, you shall not "subhost" or resell any of
the Services, for a fee or for free.

Remedies

If TierraNet
learns of, or in its reasonable discretion believes there is, any violation of
these Acceptable Use Terms, TierraNet may, at its sole discretion, take one or
more of the following actions, with or without notice:

(1)
warn you;

(2)
suspend any one or all of the Services purchased;

(3)
terminate one or more of your accounts or one or more Services purchased;

(4)
impose fees or charges on your account(s);

(5)
remove any offending content; and/or

(6)
take any other action deemed appropriate by TierraNet.

If you violate
any of these Acceptable Use Terms, or if any third party claims you violate any
of these Acceptable Use Terms, you may be subject to additional charges for the
costs and time TierraNet incurs on diagnostics and troubleshooting, legal fees,
communicating with authorities responding to complaints, removing files,
deleting unsolicited correspondence, and/or suspending or terminating your
account.

Disclaimer

TierraNet has
the right, but not the obligation, to use any of the above-mentioned remedies
with respect to violations of these Acceptable Use Terms. TierraNet shall
have no liability or responsibility for the actions of any of its customers,
suppliers or third parties or for other users or any content any user may post
on any website or include in any email.

Reservation of Rights

TierraNet
reserves the right to cooperate with appropriate legal authorities in
investigations of claims of illegal activity involving TierraNet’s Services,
customers and other users.

Any failure or
delay by TierraNet to enforce any of its rights under these Acceptable Use
Terms or any applicable laws will not constitute a waiver of such right.

Reporting Violations

If you want to report any
violations of the Acceptable Use Terms, please email TierraNet at
abuse@tierra.net.

Appendix B to
Universal Terms of Service Agreement

Payment Terms

General Terms

You
agree to pay all fees due for the TierraNet Services you purchase. All
payments are non-refundable unless otherwise expressly provided in the
Cancellation section below.

TierraNet
expressly reserves the right to modify its prices at any time. Price
modifications will be posted on this website and will become effective
immediately going forward without further notice to you. If you have
already purchased Services for a period of time, pricing modifications will
become effective when the previously purchased Services in question come up for
renewal.

TierraNet
is not required to activate new accounts or Services until payment is
received. TierraNet is not responsible for delays in processing payments
by a method other than credit card.

By purchasing
TierraNet Services, you agree to a recurring payment plan. Your account
will automatically be re-billed according to the terms of the Services you
select. By continuing (or renewing) your Services, you further agree to
all of the then applicable TierraNet agreements.

You
acknowledge, agree and authorize TierraNet to automatically bill and/or charge
your credit card for successive terms of equal length as the initial term,
unless terminated or cancelled by you or TierraNet as provided in this
Agreement.

For a $10
processing fee, TierraNet will accept wire transfers for amounts over
$200. When selecting your wire transfer amount, it is your responsibility
to include your payment for the TierraNet Services, plus the $10 TierraNet
processing fee, plus any processing fees charged by your own bank.

A
$25 processing fee, or as otherwise permitted by law, will be charged for
bounced checks or credit card chargebacks. If multiple payments from you
are returned, TierraNet may require that you pay by cashier’s check or money
order. If fraud is suspected or payments are past due, TierraNet may
immediately suspend or terminate Services on your account without notice.

Billing

For
monthly recurring Services, you may choose to be billed monthly (credit card
only), quarterly, or annually. For all other Services, pre-payment is
required.

Regardless
of your billing preference, TierraNet will email you a statement in any month
which shows billing activity. If you require a paper statement, you can
print a PDF version of your statement from within the Control Panel.

If
you elect to have TierraNet automatically charge your credit card, this will be
effectuated approximately: (a) 14 days after your billing statement is sent for
Hosting Services, (b) 30 to 45 days prior to the expiration of your domain name
for Domain Name Services; or (c) 14 days prior to the expiration of your
Security Services.

Credit Card Charges

By
submitting your order online, you authorize all fees described on this website
to be charged to your credit card. You hereby represent that you have the
power and authority to authorize TierraNet to make such charges, and you permit
TierraNet to pre-authorize such charges with the credit card company or the
bank. You must provide TierraNet with accurate and complete billing and
credit card information, and you must notify TierraNet by no later than three
calendar days after any change to such information. If a charge is
disapproved by the financial institution, TierraNet will notify you via email,
and you must immediately cure the disapproval. Failure to cure within
seven days after the email notice shall constitute a material breach of this
Agreement. You are solely responsible for any charges or expenses imposed
against you by the financial institution (e.g., for overdrawn accounts,
exceeding credit card limits, etc.) resulting from charges billed by TierraNet.

Delinquent Accounts

Subject
to applicable law, if you fail to pay your bill within 30 days after the due
date, TierraNet will assess a late payment fee of 1.5% or $5, whichever is
greater.

If
you fail to pay your bill within 60 days after the due date, TierraNet will
assess an additional late fee equal to 1.5% per month on the unpaid balance or
the maximum rate permitted under applicable law, whichever is less.

Additionally, at
TierraNet’s sole discretion, it will have the right at any time to suspend your
account including all of the Services associated with it. TierraNet will
not reactivate a suspended account until TierraNet receives payment in full, at
which time the account will be subject to a $10 account reactivation fee.
Although TierraNet may suspend your account, you are not eligible for a
pro-rated refund or an extension of the term for the time your account was
suspended.

If
you fail to pay your bill in full within 90 days after the due date, TierraNet
may, at its sole discretion, terminate your account, at which time all files,
emails, settings and configuration will be deleted.

Cancellation

When
you add Services to your account, you may receive special pricing for bundling
Services, selecting a long-term contract, or a volume commitment. If you
request to cancel or alter a Service in a manner that would break that
commitment, TierraNet may, at its sole discretion (a) reject your request; or
(b) retroactively increase any or all special pricing that you received, to the
pricing that you would have received had you not made such a commitment.
If you cancel a bundled Service that receives special pricing, any other
Services on your account will revert to standard retail pricing.

In
the event you cancel your account or downgrade a Service and if you are not in
breach of this Agreement, upon your request, TierraNet will pro-rate and refund
any monthly fees you already paid for Services not rendered. Fees for
non-monthly-recurring Services, such as setup and domain registration fees, and
fees for SSL Certificates, are not refundable.

Satisfaction Guarantee

TierraNet
offers a 30-day satisfaction guarantee only on monthly recurring services and
corresponding setup fees ("Guaranteed Services"). Domain name
registration fees, SSL Certificates, custom services, and dedicated services
are not eligible for this satisfaction guarantee. If you are not
satisfied with the Guaranteed Services you may, no later than 30 days after
signing up for the applicable Service, terminate that Service or your account,
and TierraNet will provide a full refund of your money for those Guaranteed
Services you cancel.